The European Class Actions Forum 2024

Networking & Registration
09:00

Chairperson's Opening Remarks
09:15

Keynote Session: European Commission on Class Actions in Europe and the Representative Actions Directive
09:25

Discussing Implementation Progress and Implications for Differing Jurisdictions Under the New Regime
10:05

• How different members states have adopted or are adopting representative actions regimes
• Floor vs Ceiling: what the requirements in the directive actually mandate from member states
• Purpose of the RAD

Networking and Refreshment Break
10:50

Managing Risks and Enhancing Approaches to the Defence of Class Actions
11:15

• The kinds of liabilities present with new access to class actions
• How to prepare as a defence firm in a member state with oncoming legislation
• Impacts of the RAD from claimant / defendant perspective
• Novel Exposure for Clients from the European RAD

Addressing Claimant Firm Opportunities, Challenges and Strategies in Different Jurisdictions
12:05

• Accessibility to justice under the new regime
• Utilizing previous mass litigation technologies in a new space
• Establishing a group, certification, and pre-trial discovery

Networking & Lunch Break
12:50

Understanding the Growth of EU Competition Class Action Claims
13:40

• Scope for breaches of competition law across various EU jurisdictions
• The UK CAT framework

Evaluating the Legitimacy and Viability of Cross Border Claims After the Representative Actions Directive
14:30

• How claimants have been pursuing cases concerning multiple member states in the new regime
• Financing cross border claims
• Establishing commonality across state lines
• Can the Dutch WAMCA Regime Be Applied Outside of the Netherlands?
• Implications for claimants and clients if the WAMCA has wider application
• Who is allowed to file a claim in the European Union
• What do you need to fulfil the requirements in various member states
• How is it going to work in practice?
• Potential for cross border claims under the WAMCA

Networking Refreshment Break
15:15

Recent Developments in Data Privacy Class Actions   
15:40

• How the EU RAD builds on the GDPR for consumers
• Evidence gathering and pre-litigation discovery
• Unique possibilities for forum shopping

Examining Access to and Use of Litigation Funding and Insurance Across the European Union
16:25

• Funding arrangements in European member states
• Value judgements of financing mass litigation
• European precedent for Financing
• Recent Case Law regarding funding

Chairperson's Closing Remarks
17:10

Networking & Registration
09:00

Chairperson's Opening Remarks
09:15

Judiciary Roundtable: Perspectives on European Representative Action
09:25

Opt-In vs Opt-Out Regimes: Distribution, Advantages, and Looking Forward
10:15

• Landscape assessment: where can you bring an opt-out claim, for what and why?
• Opt-Out lessons learned: America and the United Kingdom
• Opt-In Lessons Learned: EU, Italy, France, and Germany
• Looking Forward: Other Member States Moving towards opt-out regimes

Networking & Refreshment Break
11:00

Exploring the Rise in European Shareholder and Securities Class Actions
11:30

• Private retail investors vs venture capital in shareholder actions
• “After the event” insurance and other financing risks
• How economics can inform legal analysis of questions related to class composition and quantum

Addressing Claims Valuation, Evidence and The Role of Experts in the European Union
12:15

• The lack of uniformity as to which economic model is used for damages assessment across member states
• Comparison between different legal frameworks and if they prescribe reduced damages

Networking & Lunch Break
13:00

Insights into Case Management for Trial and Settlement
13:45

• How different member states are implementing commonality tests
• What the different phases of a class actions case looks like by jurisdiction
• Case Roundup: What we have learned from precedent in the past five years
• The Representative Test
• Precedent for Settlement in Representative Actions cases

Strategies for Effective Class Management, Communication, and Distribution
14:30

• Difficulties in getting people in for Opt-In cases for sensitive matters like privacy cases and data breaches
• Notifying members of a very large and diverse class of relevant updates and developments in their case
• Absent class members – discovery
• Litigation PR
• What European parties can learn from established payment structures in the UK, US, and Canada
• Perspectives on current EU payment functionalities.
• Claims Administration

Networking & Refreshment Break
15:15

Outlining The Evolving Landscape of ESG Class Actions
15:45

• NL precedent for environmental claims, Urgenda, KLM, and others
• Greenwashing cases and corporate climate commitments
• Disclosure of human rights and environmental credentials

The Future of Class Actions in Europe and Precedent from Global Jurisdictions
16:30

• US, UK, EU: Practitioners with experience in jurisdictions with well established class action procedures give insight on recent developments in the EU
• Comparison between EU Representative Actions Directive and US class action procedures, and the UK Competition Appeals Tribunal
• The utility of different kinds of class action regimes
• Interactions between previous regional class action frameworks and the new decree
• Limitations on Class Actions, Time Constraints and Other Restrictions
• Clauses that currently restrict collective proceedings
• Time frames for bringing legitimate class action claims
• Expected timescale for class action claims in the EU

Chairperson's Closing Remarks
17:15